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Home My WebLink About8480 81 9. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1 2 ;3 4 5 i 6 7 RESOLUTION NO. ~ A RESOLUTION OF THE MAYOR AN~D COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXE UTION OF A LICENSE AND AGREEMENT BETWEEN SAID CITY AND OOUG OIL COMPANY PERTAINING TO THE INSTALLATION OF A SIGN AT SECOND STREET AND WATERMAN AVENUE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION ONE: That the City of San Bernardino execute a License and Agreement between said City and Douglas Oil Company pertaining to the installation of a sign at Second Street and Waterman Avenue. SECTION TWO: That the said License and Agreement referre to herein, a copy of which is attached hereto, marked Exhibit "A" and referred to and made a part hereof as fully as though set out at length herein, is hereby approved. SECTION THREE: That the Mayor of the City of San Bernar- dino is hereby authorized and directed to execute said License and Agreement on behalf of the City of San Bernardino. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Ber- nardino at Cl-n/ /? -f~':A~='11 kPJt/.II. f/Dleeting thereof, held on the~ U day of 9:I1:lJ~~._:~~~ -' 1966 by the following vote, / to wit: AYES: ;; ) c., NOES: h-kL_- ABBE The foregoing of _4~~1/ ~'l-C-'/ ([ G4P~~ ; City~rk 'y resolution is hereby approved this;?~day , 1966. /fir' ~ (tQLir Mayor 0 t e C ty of San rnardino Ft LED to form: DEe 281866 :~~;~ .... - '-' LICENSE AND AGREEMENT THIS LICENSE AND AGREEMENT is made and entered into this day of . 19____. by and between ....1aI OllCeIIpaJ , hereinafter sometimes referred to as "Licensee" and the CITY OF SAN , BERNARDINO, a municipal corporation, hereinafter sometimes referred to as "City". WITNESSETH: For and in consideration of the mutual promises and covenants herein contained, the parties hereto do hereby agree as follows: 1. City hereby gives permission, revocable and terminable as hereinafter provided, to Licensee to erect, in conformance with existing laws on a certain portion of .It....l'..... ~1 ......., 1a . ........ ana "J".' .. .... ........ .f .. ill......'.... .,...... "j.t.i.. ..... ,.....1'lJ' , to wi t : ..a'tI r..' ........ .f ...... .,...., ... V...... .JIl..K , anb~CII .. .....11.....1f l...f tIlll'tY MII_ <ID leo' " tilt...... at such location and subject to any requirements or conditions as may be imposed by the Street Superintendent and the Superintendent of the Building and Safety Department of the City. 2. In the event that City declares its intention ...... .,...., .../... ....... .UlUJlI at any time to widen or in the event City terminates this License or any variance that it may grant to Licensee, Licensee will remove and relocate said .ip to a position to be designated by the Street Superintendent, and in the manner required by the Street Superintendent, and the Superintendent of the Building and Safety Department of the City within 15 days after notice in writing by the City so to do. 3. Any removal and relocation of said .ip pursuant to the foregoing paragraph shall be at the sole cost and expense of Licensee and without any cost and expense whatsoever to the City, and Licensee shall have no claim or cause of action J r "- /'''... -- against the City by reason of such removal and relocation. 4. This permission is given to Licensee as an accommodation to Licensee and shall be rent free, 5. Licensee hereby acknowledges the title and paramount interest of City to the street (or to said property) and agrees never to assail or resist said title or interest and to observe present or future set-back requirements relating thereto. 6. This permission is not exclusive to Licensee and Licen- see shall have the privilege hereunder only of occupying such portion of said property as City shall from time to time designate. 7. Licensee shall exercise Licensee's privileges hereunder at Licensee's own sole risk, and, irrespective of any negligence of City, Licensee shall indemnify City against and hold it harm- less for any and all liability for damages, costs, losses and expenses resulting from, arising out of, or in any way connected with, the occupation or use of said property by Licensee. or the Licensees, invitees, or guests of Licensee, or the failure on the part of Licensee to perform fully all and singular Licensee's promises herein. City shall not be liable to Licensee if for any reason whatever Licensee's occupation or use of the said property hereunder shall be hindered or disturbed. 8. Licensee's privileges hereunder shall not be assignable by Licensee in whole or in part. 9. City reserves the right to terminate the permission hereby given at any time by giving Licensee at least fifteen (15) days' written notice of such termination, except that City may, at its election, terminate said permission forthwith at any time if Licensee shall fail to comply with or abide by each and all of the provisions hereof or keep all and singular Licensee's promises herein. Waiver by City of any breach of any term or provision hereof shall not be deemed a waiver of any subsequent breach of the same or any other term or provision hereof. 10. Any notice to Licensee hereunder shall be sufficient if served on Licensee personally, or posted on said premises, and 2 .... r '-' ~,.~ - if so posted shall be deemed served on the date of posting, or l'llO.iled to Licensee directed to his last known address, and if so "J,B.iled in the State of California shall be deemed served on the }/'~si::1ess day next following the day of mailing. 11. On revocation. surrender or other termination of the Fermission hereby given. Licensee shall quietly and peaceably 50rrander the portion of said property occupied by Licensee in as good condition as same was at the time of Licensee's entry thereon hereunder and remove its .ip l1'1.d other things placed by Licensee on said premises hereunder, and if Licensee shall fail to do so City shall have the right to make such removal at Licensee's expense, the amount of which expense Licensee shall pay. to City on demand, and, if City shall so elect. it shall have the right to take possession of and appropriate to itself without payment therefor any property of Licensee, or anyone claiming under it, then remaining on said premises. 12. In the event Licensee is two or more persons then the obligations of Licensee shall be their joint and several obli- gat ions and notice given or directed to one of them shall be deemed notice to all. 13. Time is of the essence of the provisions hereof. 14. This License and Agreement shall terminate five (5) years from the date of the execution hereof unless sooner termi- nated by City. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date first hereinabove written. Attest: CITY OF SAN BERNARDINO ~~..I rJ:' ~~ rJty-'tler~ ' (~ May~r Ba/4 _tAl OIL CClIINII 1)'. By: C: